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(영문) 광주지방법원 순천지원 2014.05.16 2014고단252

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 20, 2013, the Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's net support on August 20, 2013, and the judgment became final and conclusive on January 28 of the same month. On January 8, 2014, the same court was sentenced to a one-year suspended sentence for a one-year suspended sentence to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) and the judgment became final and conclusive on January 16, 2

【Criminal Facts】

On February 15, 2014, at around 15:25, the Defendant driven a small-scale car at the section of approximately 1 kilometer from the Fluxa-dong to the Fluxa-dong at the same time, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Control note;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (a copy of judgment, etc. attached) including criminal records, etc.;

1. Relevant Act of the crime and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. The Defendant’s reason for sentencing alternative to imprisonment with prison labor is against the instant crime.

However, the defendant committed the crime of this case at the time when one month has not passed since the date when the decision of the suspension of execution became final and conclusive, even though he was under suspension of execution due to the same violation of the Road Traffic Act (unlicensed Driving) as in the judgment of the court below.

The defendant is expected not to engage in any act of law in the future, and is placed under a suspended sentence, but he voluntarily takes such an act and commits the crime of this case of the same kind. Considering these circumstances, it is judged that the sentence of sentence is inevitable, and therefore, it is so decided as per Disposition.